Working time regulations

Drivers Hours
Rules on Drivers’ Hours and Tachographs
Goods vehicles in the UK and Europe (Revised 2011 GV262 - 03)

This presentation is not as in depth as the
VOSA publication.

It is highly recommended that you read
the VOSA publication to insure that you
understand the legislation regarding the
Rules on Drivers Hours and Tachographs.
To read this publication please click on
the link on the main menu.

Drivers Hours
Rules on Drivers’ Hours and Tachographs
Goods vehicles in the UK and Europe (Revised 2011 GV262 - 03)

EU rules on drivers’ hours
The EU rules (Regulation (EC) 561/2006) apply to
drivers of most vehicles used for the carriage of goods
(including dual purpose vehicles) where the maximum
permissible weight of the vehicle, including any trailer
or semi-trailer, exceeds 3.5 tonnes and where the
vehicle is used within the UK or between the UK and
other EU and EEA countries and Switzerland.
Vehicle operations that take place off the public road or
vehicles that are never used to carry goods on a public
road are out of scope. Additionally drivers who never
carry goods or passengers in the course of their
employment are not considered to be within scope of
the regulations. This covers operations such as the
delivery and recovery of hire vehicles and empty
vehicles taken for annual test.
A driver is anyone who drives a vehicle or is carried on
the vehicle in order to be available for driving.

Drivers Hours
Exemptions and derogations
The following table contains a list of vehicles that are exempt from the EU rules
regardless of where the vehicle is driven within the EU.

Exemptions Notes
Vehicles not capable of exceeding 40 km/h. For example, some works vehicles fall into this
category. Also includes vehicles incapable of
exceeding 40 km/h by virtue of a set speed limiter.

Vehicles owned or hired without a driver by the
Armed Forces, civil defence services, fire
services and forces responsible for maintaining
public order, when the carriage is undertaken as
a consequence of the tasks assigned to these
services and is under their control.

Drivers Hours
The EU rules do not define an ‘emergency’ but Vehicles, including vehicles used in the non-
we consider that this would certainly include commercial transport of humanitarian aid, used in
any of the situations that would be considered emergencies or rescue operations.
an emergency for the purposes of the UK
domestic drivers’ hours legislation, namely:
• danger to the life or health of people or
animals;
• serious interruption of essential public
services (gas, water, electricity or drainage), of
telecommunication and postal services, or in
the use of roads, railways, ports or airports;
and
• serious damage to property.
Vehicles used in connection with emergency
or rescue operations would be exempt from
the EU rules for the duration of the emergency.
The important aspect of humanitarian aid is
that it only applies to transport carried out on a
non-commercial basis e.g. transportation of
donated clothes, food parcels etc. Fleet of Aid Vehicles

Drivers Hours
The following table contains a list of vehicles that are exempt from the EU
rules
Specialised breakdown vehicles operating Specialised breakdown vehicle’ was interpreted by
within a 100 km radius of their base. the European Court as a vehicle whose
construction, fitments and other permanent
characteristics were such that it would be used
mainly for removing vehicles that had recently been
involved in an accident or broken down. Vehicles
undergoing road tests for technical
Vehicles undergoing road tests for technical
development, repair or maintenance
purposes, and new or rebuilt vehicles which
have not yet been put into service.

Vehicles or combinations of vehicles with a Examples could include a person moving house
maximum permissible mass not exceeding 7.5 and goods carried by a non profit making group or
tonnes used for the non-commercial carriage a registered charity.
of goods.

Drivers Hours
rules regardless of where the vehicle is driven within the EU.

Vehicles undergoing road tests for technical
development, repair or maintenance
purposes, and new or rebuilt vehicles which
have not yet been put into service.

Vehicles or combinations of vehicles with a Examples could include a person moving house
maximum permissible mass not exceeding 7.5 and goods carried by a non-profit making group or
tonnes used for the non-commercial carriage registered charity.
of goods.
Commercial vehicles that have a historic In the UK, a vehicle is a historic vehicle if it was
status according to the legislation of the manufactured more than 25 years before the
Member State in which they are driven and occasion on which it is being driven.
that are used for the non-commercial carriage
of goods.

The EU rules grant Member States the power to apply derogations to further specific categories of vehicles
and drivers while on national journeys. The following derogations have been implemented in the UK.
Note: In some cases it may be necessary to refer to case law for definitive interpretations.

Drivers Hours
Derogations Notes
Vehicles with between 10 and 17 seats used exclusively
for the non commercial carriage of passengers.
This would apply to minibuses used by the voluntary and community
sector (eg under section 19 and 22 permits) provided the operation
as a whole is carried out without a view to profit, nor incidentally to
an activity which is itself carried out with a view to profit.

Vehicles owned or hired without a driver by public
authorities that do not compete with private transport
undertakings.
The derogation only applies to vehicles being used:
For the provision of ambulance services by or at the
request of an NHS body:

For the transport of organs, blood, equipment, medical
supplies or personnel by or at the request of an NHS body:

Drivers Hours
Derogations Notes

By a local authority to provide services for old persons
or for mentally or physically handicapped persons:

By HM Coastguard or a general or local lighthouse
authority;

For maintaining railways by the British Railways Board,
any holder of a network licence which is a company
wholly owned by the Crown.

Transport for London (or a wholly owned subsidiary), a
Passenger Transport Executive or a local authority; or
by the British Waterways Board for the purpose of
maintaining navigable waterways.

Drivers Hours

Derogations Notes
Vehicles used or hired without a driver by For a vehicle used by fishery undertakings, the
agricultural, horticultural, forestry, farming or exemption only applies if it is being used to carry
fishery undertakings for carrying goods as live fish or to carry a catch of fish from the place of
part of their own entrepreneurial activity within landing to a place where it is to be processed.
a radius of 100 km from the base of the
undertaking.
Agricultural tractors and forestry tractors used
for agricultural or forestry activities within a
100 km radius from the base of the
undertaking that owns, hires or leases the
tractor.
Vehicles that are used to carry live animals
between a farm and a market or from a market
to a slaughterhouse where the distance
between the farm and the market or between
the market and the slaughterhouse does not
exceed 50 km.
Loading fish at Saundersfoot

Drivers Hours

Derogations Notes
Vehicles being used to carry animal waste or
carcasses that are not intended for human
consumption.

Specially fitted mobile project vehicles, the For example play buses and mobile libraries.
primary purpose of which is use as an
educational facility when stationary.
Vehicles operated exclusively on islands
whose area does not exceed 2,300 km2 and that
are not linked to the rest of Great Britain by a
bridge, ford or tunnel open for use by a motor
vehicle.
Vehicles used for the carriage of goods within
a 50 km radius from the base of the
undertaking and propelled by means of natural
or liquefied gas or electricity, the maximum
permissible mass of which, including the mass
of a trailer or semi-trailer, does not exceed
7.5 tonnes

Drivers Hours
The following table contains a list of vehicles that are exempt from theEU
rules
Derogations Notes
Vehicles or combinations of vehicles with a The only universal service provider in the UK at
maximum permissible mass not exceeding 7.5 2(13) of Directive 96/67/EC of the European the time
tonnes that are used: • by universal service of publication (September 2007) is the Royal Mail.
providers as defined in Article The only
universal service provider in the UK at 2(13) of Universal service provider vehicles must have a on
Directive 96/67/EC of the European the time of common rules for the development of the internal
publication (September 2007) is the Royal tachograph fitted. market of community postal
Parliament and of the Council of 15 December services and the improvement of quality service to
1997 Mail. Universal service provider vehicles deliver items as part of the universal service; or • for
must have a on common rules for the carrying materials, equipment or machinery.
development of the internal tachograph fitted.
market of community postal services and the This would apply to tradesmen such as electricians
improvement of quality service to deliver items or for the driver’s use in the course of his work.
as part of the universal service; or • for builders carrying tools or materials for their own
carrying materials, equipment or machinery use.
This would apply to tradesmen such as
electricians or for the driver’s use in the

50 KM RADIUS
course of his work. builders carrying tools or
materials for their own use. These vehicles
shall be used only within a 50 km radius of the
base of the undertaking and on the condition
that driving the vehicle does not constitute the
driver’s main activity.

Drivers Hours
The following table contains a list of vehicles that are exempt from theEU
rules
Derogations Notes
Vehicles operated exclusively on islands
whose area does not exceed 2300 km2 and that
are not linked to the rest of Great Britain by a
bridge, ford or tunnel open for use by a motor
vehicle.

Vehicles used for the carriage of goods within
a 50 km radius from the base of the
undertaking and propelled by means of natural
or liquefied gas or electricity, the maximum
permissible mass of which including the mass
of a trailer or semi trailer does not exceed 7.5
tonnes.

Vehicles used for driving instruction and Includes instruction for renewal of Driver Certificate
examination with a view to obtaining a driving of Professional Competence (CPC)
licence or a certificate of professional
competence, provided that they are not being
used for the commercial carriage of goods or
passengers.

Drivers Hours
Derogations Notes
Vehicles used in connection with sewerage, There have been a number of significant court
flood protection, water, gas and electricity rulings from the European Court of Justice and
maintenance services, road maintenance or British courts dealing with this exemption. Common
control, door-to-door household refuse themes have included a direct and close
collection or disposal, telegraph or telephone involvement in the exempt activity; the principle of a
services, radio or television broadcasting and general service in the public interest; and the limited
the detection of radio or television transmitters and secondary nature of the transport activity. It is
or receivers. our view that vehicles used in connection with
sewerage, flood protection, water, gas and
electricity services must be involved in the
maintenance of an existing service (rather than the
construction of a new service) to claim the
concession. The types of refuse collection and
disposal operations likely to be exempt are: the
door-to-door collection of black bin bags, green
waste, newspapers or glass from households; the
collection of sofas and household appliances from
households within a local area; and the clearing of a
home following a bereavement, provided refuse
collection and disposal is the core purpose.

Drivers Hours
The following table contains a list of vehicles that are exempt from the
EU rules regardless of where the vehicle is driven within the EU.
Vehicles used for driving instruction and Includes instruction for renewal of Driver
examination Includes instruction for renewal Certificate of with a view to obtaining a driving
of Driver Certificate of with a view to licence or a certificate Professional Competence
obtaining a driving licence or a certificate (CPC).
Professional Competence (CPC). of
professional competence, provided that they
are not being used for the commercial
carriage of goods or passengers.

Vehicles used exclusively on roads inside hub This applies only to those vehicles being used
This applies only to those vehicles being used within facilities such as ports, airports, interports
within facilities such as ports, airports, inter- and the perimeter of these areas (rather than those
ports and the perimeter of these areas (rather driving railway terminals. to or through the areas),
than those driving railway terminals. although we accept that these vehicles may
occasionally leave the site for vehicle maintenance
purposes.
Specialised vehicles transporting circus and
funfair equipment.
Vehicles used for milk collection from farms
or the return to farms of milk containers or
milk products intended for animal feed.

Drivers Hours
In addition, the following vehicles are exempt from the EU rules in Great
Britain after the European Commission granted a special authorisation:

Any vehicle which is being used by the Royal National
Lifeboat Institution;
Any vehicle which was manufactured before 1 January 1947;
Any vehicle which is propelled by steam.

If it is exempt from the EU rules due to the provisions listed
above, then the vehicle will be in scope of the GB domestic
rules when travelling in GB.

Drivers Hours
Driving
Breaks and driving limits.
Driving Time
Is the duration of driving activity recorded either by the recording equipment or manually when
the recording equipment is broken.
Even a short period of driving under EU rules during any day by a driver will mean that he is in
scope of the EU rules for the whole of that day and must comply with the daily driving, break and
rest requirements; he will also have to comply with the weekly rest requirement and driving limit.
Breaks
After a driving period of no more than 4.5 hours, a driver must immediately take a break of at least 45
minutes, unless he takes a rest period. A break taken in this way must not be interrupted. For
example:

Driving 4.5 Hours Break 45 Minutes

Driving 2.5 Hours Other Work 1 Hour Driving 2 Hours Break 45 Minutes

A break is any period during which a driver may not carry out any driving or any other work and
which is used exclusively for recuperation. A break may be taken in a moving vehicle, provided no
other work is undertaken.

Drivers Hours
Driving

NATIONAL REGULATIONS
MAXIMUM DRIVING BEFORE A BREAK

4½ HOURS

Drivers Hours
Alternatively, a full 45-minute break can be replaced by one break of at least 15 minutes followed by
another break of at least 30 minutes. These breaks must be distributed over the 4.5-hour period.
Breaks of less than 15 minutes will not contribute towards a qualifying break, but neither will they be
counted as duty or driving time. The EU rules will only allow a split-break pattern that shows the
second period of break being at least 30 minutes, such as the following examples:

Driving 2 Hours Break 15 Minutes Driving 2.5 Hours Break 30 Minutes

Driving 2 Hours Break 34 Minutes Driving 2.5 Hours Break 30 Minutes

The following split-break pattern is illegal, because the second break is less than 30 minutes.

Driving 2 Break 30 Driving 2.5 Break 15 Driving
Hours Minutes Hours Minutes

Drivers Hours
Driving
A driver ‘wipes the slate clean’ if he takes a 45-minute break (or qualifying breaks totalling 45 minutes)
before or at the end of a 4.5-hour driving period. This means that the next 4.5-hour period begins with
the completion of that qualifying break, and in assessing break requirements for the new 4.5-hour
period, no reference is to be made to driving time accumulated before this point. For example:

Driving Break Driving Break Driving Break
1.5 15 1.5 35 4.5 45
Hours Minutes Hours Minutes Hours Minutes

Breaks may also be required under the separate Road Transport
(Working Time) Regulations 2005.

Drivers Hours
Driving
DAILY DRIVING LIMIT (Maximum Daily Driving Time is 9 Hours For example:
Driving 4.5 Hours Break 45 Minutes Driving 4.5 Hours

Driving Break Driving Break Driving
2 45 4.5 45 2.5
Hours Minutes Hours Minutes Hours

This can be increased to 10 hours twice a week; for example:
4.5 45 4.5 45 1
Hours Minutes Hours Minutes Hour

2 45 4.5 45 3.5
Hours Minutes Hours Minutes Hour
The total accumulated driving time between the end of one daily rest period and the beginning of the
following daily rest period; or
The total accumulated driving time between a daily rest period and a weekly rest period.

Drivers Hours
Driving
Driving time includes any off-road parts of a journey where the rest of that journey is made on the
public highway. Journeys taking place entirely off road would be considered as ’other work’

So, for example, any time spent driving off road between a parking/rest area and a loading bay
prior to travelling on a public road would constitute driving time, but it would be regarded as
other work where an entire load is picked up and deposited on the same off-road site.

THE NEXT SLIDE WILL
DETAIL THIS IN MORE DEPTH

Drivers Hours
Driving
Weekly driving limit. The maximum weekly driving limit is 56 hours, which applies to a fixed week (see below).

The following is an example of how this might be achieved:

Sunday Weekly Rest

Monday 9 Hours Driving

Tuesday 10 Hours Driving Total Weekly Driving =
Wednesday 9 Hours Driving
4x9 = 36
2x10 = 20
Thursday 10 Hours Driving Total Hours 56
Friday 9 Hours Driving

Saturday 9 Hours Driving

Sunday Weekly Rest

The fixed week starts at 00.00 on Monday and ends at 24.00 on the following Sunday.

Drivers Hours
Two-weekly driving
Two-weekly driving limit
limit The maximum
The maximum driving time over any two weeks is 90 hours; for example:
driving time over
any two weeks is 90
hours; for example:
WEEK Total Hours Two Weekly Totals
Driving
The
9 56 Hours
90 Hours
10 34 Hours
79 Hours
11 45 Hours
90 Hours
12 45 Hours
88 Hours
13 43 Hours
etc

Drivers Hours
The following is an example of how a drivers duties might be organised
in compliance with the rules on weekly and two weekly driving limits
Between Weekly
Weekly Two Weeks Rests
Mon 9 Hours Driving (Daily Rest)
Total Total
Tue 9 Hours Driving (Daily Rest)
Wed 9 Hours Driving (Daily Rest)
56 Hours 90 Hours
Thu Weekly Rest Reduced Driving fixed Driving
Fri 10 Hours Driving (Daily Rest) Week 1 During fixed Total
Sat 10 Hours Driving (Daily Rest) week 1 and 2
Sun 9 Hours Driving (Daily Rest) 58 Hours
Mon 9 Hours Driving (Daily Rest)
Total Between
Tue 10 Hours Driving (Daily Rest)
Wed 10 Hours Driving (Daily Rest)
34 Hours Weekly Rests
Thu Weekly Rest Driving fixed
Fri Weekly Rest Week 2
Sat Compensation
Sun 5 Hours Driving (Daily Rest)

Drivers Hours
Rest Periods / Daily Rest Periods
A driver must take a daily rest period within each period of 24 hours after the end of the previous
daily or weekly rest period. An 11-hour (or more) daily rest is called a regular daily rest period.

A rest is an uninterrupted period where a driver may freely dispose of his time. Time spent working in
other employment or under obligation or instruction, regardless of the occupation type, cannot be
counted as rest, including work where you are self-employed.

24 Hour Period
Driving + other work + breaks = 13 hours Regular daily rest = 11 hours

Alternatively, a driver can split a regular daily rest period into two periods.
The first period must be at least 3 hours of uninterrupted rest and can be taken at any time during the
day.
The second must be at least 9 hours of uninterrupted rest, giving a total minimum rest of 12 hours; for
example:

24 Hour Period
8 Hours 3 Hours 4 Hours 9 Hours
Driving + other work + breaks Rest Driving + other work + breaks Rest

Drivers Hours
Rest Periods / Daily Rest Periods
A driver may reduce his daily rest period to no less than 9 continuous hours, but this can be done no
more than three times between any two weekly rest periods, and no compensation for the reduction is
required. A daily rest that is less than 11 hours but at least 9 hours long is called a reduced daily rest
period.

24 Hour Period
Driving + other work + breaks = 15 hours Regular daily rest = 9 hours

Where a daily rest is taken, this may be taken in a vehicle, provided that it has suitable sleeping
facilities and is stationary.
To summarize, a driver who begins work at 06.00 on day 1 must, by 06.00 on day 2 at the latest, have
completed either:
•                     a regular daily rest period of at least 11 hours; or
•                     a split daily rest period of at least 12 hours; or
•                     if entitled, a reduced daily rest period of at least 9 hours.
Regular daily rest: A continuous period of at least 11 hours’ rest.
Split daily rest period: A regular rest taken in two separate periods – the first at least 3 hours, and the
second at least 9 hours. Reduced daily rest period: A continuous rest period of at least 9 hours but
less than 11 hours.

Drivers Hours
Multi Manning
Multi-manning’ is the situation where, during each period of driving between any two
consecutive daily rest periods, or between a daily rest period and a weekly rest period,
there are at least two drivers in the vehicle to do the driving. For the first hour of multi-
manning the presence of another driver or drivers is optional, but for the remainder of the
period it is compulsory.
This allows for a vehicle to depart from its operating centre and collect a second driver
along the way, providing that this is done within one hour of the first driver starting work.
Vehicles manned by two or more drivers are governed by the same rules that apply to
single-manned vehicles, apart from the daily rest requirements.
Where a vehicle is manned by two or more drivers, each driver must have a daily rest
period of at least 9 consecutive hours within the 30-hour period that starts at the end of
the last daily or weekly rest period.
Organising drivers’ duties in such a fashion enables their duties to be spread over 21
hours.
This is an example of how the duties of a two-man crew could be organised to take
maximum advantage of multi-manning rules:

Drivers Hours
Multi Manning
This is an example of how the duties of a two-man crew could be organised to take
maximum advantage of multi-manning rules:
Based over a thirty hour period.

DRIVER 1 DRIVER 2
Daily Rest Daily Rest

Other work 1 hour Daily Rest not on vehicle 1 hour

Driving 4.5 hours Availability 4.5 hours

Break + availability 4.5 hours Driving 4.5 hours

Driving 4.5 hours Break + availability 4.5 hours

Break + availability 4.5 hours Driving 4.5 hours

Driving 1 hour Break + availability 1 hours

Break 1 hour Driving 1 hour

Daily Rest 9 hours Daily Rest 9 hours

Drivers Hours
Multi Manning Breaks
The maximum driving for a two-man crew taking advantage of this concession is 20 hours before a
daily rest is required (although only if both drivers are entitled to drive 10 hours).
Under multi-manning, the ‘second’ driver in a crew may not necessarily be the same driver for the
duration of the first driver’s shift but could in principle be any number of drivers as long as the
conditions are met. Whether these second drivers could claim the multi-manning concession in these
circumstances would depend on their other duties.

On a multi-manning operation the first 45
minutes of a period of availability will be
considered to be a break, so long as the co-
driver does no work.

Drivers Hours
Multi Manning Daily Rest Periods

DRIVERS OF
DOUBLE-MANNED
VEHICLES MUST
TAKE A DAILY
REST OF AT LEAST
9 HOURS IN ANY
30 HOUR PERIOD

Drivers Hours
Multi Manning Ferry or Train Journeys
Journeys involving ferry or train transport
Where a driver accompanies a vehicle that is
being transported by ferry or train, the daily
rest requirements are more flexible.

A regular daily rest period may be interrupted
no more than twice, but the total interruption
must not exceed 1 hour in total.

This allows for a vehicle to be driven onto a
ferry and off at the end of a sea crossing. Where
the rest period is interrupted in this way, the
total cumulated rest period must still be 11
hours. A bunk or couchette must be available
during the rest period.

For example, a qualifying regular daily rest period could be interrupted in the following manner:

Rest 2 Hours Driving/other Rest (on ferry or Driving/other Rest 2 Hours
work train) 7 hours work
(embarkation) 30 (disembarkation)
minutes 30 minutes

Drivers Hours
Weekly Rest Periods
Weekly rest periods
A driver must start a weekly rest period no later than at the end of six consecutive 24-hour periods from
the end of the last weekly rest period.
Week One Week 2 Week 3
Rest Rest Rest Rest Rest Rest

45Hours 144 Hours 45Hours 80 Hours 45Hours

A regular weekly rest period is a period of
at least 45 consecutive hours.

Drivers Hours
Weekly Rest Periods
PLEASE NOTE
An actual working week starts at the end of a weekly rest period, and finishes when another weekly rest
period is commenced, which may mean weekly rest is taken in the middle of a fixed (Monday to
Sunday) week.
This is perfectly acceptable – the working week is not required to be aligned with the ‘fixed’ week
contained in the rules, provided all the relevant limits are complied with.
Alternatively, a driver can take a reduced weekly rest period of a minimum of 24 consecutive hours. If a
reduction is taken, it must be compensated for by an equivalent period of rest taken in one block before
the end of the third week following the week in question. The compensating rest must be attached to a
period of rest of at least 9 hours – in effect either a weekly or a daily rest period.
For example, where a driver reduces a weekly rest period to 33 hours in week 1, he must compensate
for this by attaching a 12-hour period of rest to another rest period of at least 9 hours before the end of
week 4. This compensation cannot be taken in several smaller periods.
Week One Week Two Week Three Week Four
Weekly Rest 33 Hours 45 Hours 45 Hours 45 Hours +
12 Hours
Compensation

A regular weekly rest is a period of rest of at least 45 hours’ duration.
A reduced weekly rest is a rest period of at least 24 but less than 45 hours’ duration.
two regular weekly rests; or
In any two consecutive ‘fixed’
weeks a driver must take at least:
one regular weekly rest and one reduced weekly rest.

Drivers Hours
Weekly Rest Periods
The following tables are examples of how a driver’s duties might be organised in compliance with the
rules on weekly rest, which allow two reduced weekly rest periods to be taken consecutively. This
complies with the rules because at least one regular and one reduced weekly rest period have been
taken in two consecutive ‘fixed’ weeks.

Week One Week Two Week Three
45 Hours 24 27 Hours 45
Rest Hours Rest Hours
Rest Rest

The following table is an example of how the driver’s duties might be organised in compliance with the
rules on weekly rest, whereby one reduced weekly rest period may be taken in any period of two
consecutive weeks under ‘normal’ circumstances.

Week One Week Two Week Three
45 24 45
Hours Hours Hours
Rest Rest Rest

A weekly rest period that falls in two weeks may be counted in either week but not in both. However, a
rest period of at least 69 hours in total may be counted as two back-to-back weekly rests (e.g. a 45-hour
weekly rest followed by 24 hours), provided that the driver does not exceed 144 hours’ work either
before or after the rest period in question.

Drivers Hours
Weekly Rest Periods

Where reduced weekly rest
periods are taken away from base,
these may be taken in a vehicle,
provided that it has suitable
sleeping facilities and is
stationary.

Note:
Operators who utilise a cyclical shift pattern should take care that their shift
patterns allow for compliance with the rolling two-weekly requirements for
weekly rest and compensation.

Drivers Hours
Weekly Rest Periods
Some examples of such events are delays caused by severe weather, road traffic accidents, mechanical
breakdowns, interruptions of ferry services and any event that causes or is likely to cause danger to
the life or health of people or animals. Note that this concession only allows for drivers to reach a
suitable stopping place, not necessarily to complete their planned journey. Drivers and operators would
be expected to reschedule any disrupted work to remain in compliance with the EU rules.

REMEMBER
Repeated and regular occurrences,
however, might indicate to enforcement
officers that employers were not in fact
scheduling work to enable compliance
with the applicable rules.

Drivers Hours
Weekly Rest Periods
Traveling Time
Where a vehicle coming within the scope of the EU rules is neither at the driver’s home nor at the
employer’s operational centre where the driver is normally based but is at a separate location, time
spent travelling to or from that location to take charge of the vehicle may not be counted as a rest or
break, unless the driver is in a ferry or train and has access to a bunk or couchette.

Unforeseen events
Provided that road safety is not jeopardised, and to enable a driver to reach a suitable stopping place, a
departure from the EU rules may be permitted to the extent necessary to ensure the safety of persons,
the vehicle or its load. Drivers must note all the reasons for doing so on the back of their tachograph
record sheets (if using an analogue tachograph) or on a printout or temporary sheet (if using a digital
tachograph) at the latest on reaching the suitable stopping place (see relevant sections covering manual
entries). Repeated and regular occurrences, however, might indicate to enforcement officers that
employers were not in fact scheduling work to enable compliance with the applicable rules.
A judgment by the European Court of Justice dated 9 November 1995 provides a useful guide to how this provision
should be interpreted. It can apply only in cases where it unexpectedly becomes impossible to comply with the rules on
drivers’ hours during the course of a journey.
In other words, planned breaches of the rules are not allowed.
This means that when an unforeseen event occurs, it would be for the driver to decide whether it was necessary to
depart from the rules. In doing so, a driver would have to take into account the need to ensure road safety in the process
(e.g. when driving a vehicle carrying an abnormal load under the Special Types regulations) and any instruction that may
be given by an enforcement officer (e.g. when under police escort).

Drivers Hours

Working Time Regulations
Drivers who are subject to EU rules on
drivers’ hours and tachographs normally
have also to comply with the rules on
working time as laid out in the Road
Transport (Working Time) Regulations,
which were brought into force on the 4th
April 2005.

Drivers Hours The current limits on drivers hours as
Working Time Regulations specified by the EU rules are listed
below.
Breaks from Driving A break of no less than 45 minutes must be taken after no more than 4.5 hours
of driving. The break can be divided into two periods the first at least 15
minutes long and the second at least 30 minutes taken over the 4.5hours.
Daily Driving Maximum of 9 hours, extendable to 10 hours no more than twice a week.

Weekly Driving Maximum of 56 hours.

Two Weekly Driving Maximum of 90 hours in any two-week period.

Daily Rest A Minimum of 11 hours, which can be reduced to a minimum of 9 hours no more
than three times between weekly rests. May be taken in two periods, the first at
least 3 hours long and the second at least 9 hours long. The rest must be
completed within 24 hours of the end of the last daily or weekly rest period.
Multi Manning Daily Rest A 9-hour daily rest must be taken within a period of 30 hours that starts from the
end of the last daily or weekly rest period. For the first hour of multi-manning
the presence of another driver is optional, but for the remaining time it is
compulsory.
Ferry/train daily rest A regular daily rest period (of at least 11 hours) may be interrupted no more
than twice by other activities of not more than 1 hour’s duration in total,
provided that the driver is accompanying a vehicle that is travelling by ferry or
train and provided that the driver has access to a bunk or couchette.
Weekly rest A regular weekly rest of at least 45 hours, or a reduced weekly rest of at least 24
hours, must be started no later than the end of six consecutive 24-hour periods
from the end of the last weekly rest. In any two consecutive weeks, a driver
must have at least two weekly rests one of which must be at least 45 hours
long. A weekly rest that falls in two weeks may be counted in either week but
not in both. Any reductions must be compensated in one block by an equivalent
rest added to another rest period of at least 9 hours before the end of the third
week, following the week in question.

Drivers Hours
AETR RULES
Journeys to or through the countries that are signatories to the AETR Agreement are subject to AETR
rules. AETR rules apply to the whole journey, including any EU countries passed through.
The AETR rules were aligned with Council Regulation (EEC) 3820/85 in April 1992. Until a further
alignment occurs, these will remain in force. Some specialised vehicles are exempt from the rules.
For a full list refer to the regulation.

BREAKS AND DRIVING LIMITS
Breaks After a period of no more than 4.5 hours of driving, a driver must take a break of at least 45
minutes, unless the driver begins a daily or weekly rest period.
Alternatively, a full 45-minute break can be replaced by two or three breaks of no less than 15 minutes
during or immediately after the driving period, so that the total break time adds up to at least 45
minutes in the 4.5 hours of driving. Breaks of less than 15 minutes will not contribute towards the
qualifying break time, but neither will they be counted as duty or driving time.
DAILY DRIVING LIMIT
The maximum daily driving time is 9 hours.
This can be increased to 10 hours twice a week.
WEEKLY DRIVING LIMITS
The AETR rules define no maximum weekly driving limit. However, a weekly rest period must be taken after no more than
six daily driving periods. It is possible to drive up to 56 hours between weekly rest periods (or 58 hours if the six daily
periods straddle two ‘fixed’ weeks).

FORTNIGHTLY DRIVING LIMIT
The maximum fortnightly driving time is 90
hours

MAP OF EU-AETR and EAA COUNTRIES

Drivers Hours
AETR RULES

Daily rest periods A driver must take a daily rest period of at least 11 continuous hours.
This must be taken within each period of 24 hours after the end of the previous daily or
weekly rest period.

Alternatively, 12 hours’ daily rest may be
spread over the 24-hour period, taken in two or
three periods, the last of which must be at least
8 consecutive hours, and all of which must be
at least 1 hour.

Drivers may reduce their daily rest period to no
less than 9 continuous hours, although this can
be done no more than three times in each fixed
week. Reduced daily rest must be compensated
for by an equivalent period by the end of the
week following the week when the reductions
took place.

This compensating rest does not have to be
taken in one block, but each piece must be
added to another rest period of at least 8 hours’
duration.
This is under section 2 of the AETR rules

Drivers Hours
AETR RULES

To Summarise
A driver who begins work at 06.00 on day 1 must, by 06.00 on day 2 at the
latest, have completed either:
•                     a daily rest period of at least 11 hours; or
•                     a split daily rest period of at least 12 hours; or
•                     if entitled, a daily rest period of no less than 9 hours.

Multi Manning
Where a vehicle is continuously
manned by two or more drivers, each
driver must have a daily rest period of
at least 8 consecutive hours within the
30-hour period that starts at the end of
the last daily or weekly rest period. For
this rule to apply, there must be more
than one driver travelling with the
vehicle at all times. If, for any reason,
only one driver is left on board the
vehicle, then the single driver rules
will apply.

Drivers Hours
AETR RULES

Journeys involving ferry or train transport
Where a driver accompanies a vehicle that is being transported by ferry or
train, the rest requirements are more flexible.

Where a driver accompanies a vehicle that is being transported by ferry or train, the rest
requirements are more flexible.
A daily rest period may be interrupted no more than once, but the total interruption
should be as short as possible and must not exceed 1 hour in total.
Where the rest period is interrupted in this way:
The total cumulative rest period must be extended by 2 hours;
One part of the rest period must be taken on land, either before or after the journey (the
other part can be taken on the ferry/train); and
A bunk or couchette must be available during both parts of the rest period.
Time spent on the ferry or train that is not treated as daily rest can be treated as break
time.

Drivers Hours
AETR RULES

WEEKLY REST PERIODS
A driver must start a weekly rest period after no more than six daily driving periods.
The weekly rest period may be postponed until the end of the sixth day if the total driving
time over the six days does not exceed the maximum corresponding to six daily driving
periods.
A daily driving period is:
The total accumulated driving time between the end of one daily rest period and the beginning of the
following daily rest period; or
The total accumulated driving time between a daily rest period and a weekly rest period.

A driver must take a minimum weekly rest period of at least 45 consecutive hours.
Alternatively, a driver can reduce a weekly rest period to a minimum of 36 consecutive hours if these
are taken at base, or 24 consecutive hours if taken away from base. If a reduction is taken, it must be
compensated for by an equivalent period of rest taken in one continuous block before the end of the
third week following the week in question. The compensating rest must be attached to a period of at
least 8 hours that, at the request of the driver, may be taken at the vehicle’s parking place or the
driver’s base.

A weekly rest period that begins in one week and continues into the following week may be attached
to either of these weeks.

Drivers Hours
AETR RULES

SUMMARY OF AETR LIMITS ON DRIVERS HOURS
The Relevant Limits are summarised below.

Breaks from Driving A break of no less than 45 minutes must be taken after no more than 4.5 hours
of driving. The break can be divided into two or three periods of no less than
15 minutes each during or immediately after the driving period, as long as the
total break adds up to 45 minutes.
Daily Driving Maximum of 9 hours, extendable to 10 hours no more than twice a week.

Fortnightly Driving Maximum of 90 hours.
Daily Rest Minimum of 11 hours, which can be reduced to a minimum of 9 hours no more
than three times a week. Alternatively, 12 hours’ daily rest may be spread over
the 24-hour period, taken in two or three periods, the last of which must be at
least 8 consecutive hours, and all of which must be at least 1 hour. The rest
must be completed within 24 hours starting from the end of the last daily or
weekly rest period. Compensation for any reduction must be made by the end
of the following week.
Multi Manning Daily Rest A minimum of 8 consecutive hours of daily rest must be taken within a period
of 30 hours.

Ferry/train daily rest A daily rest period may be interrupted no more than once to move on or off a
train or ferry for not more than 1 hour in total, provided that the interrupted
rest period is extended by 2 hours.
Weekly rest Minimum of 45 hours’ rest. This may be reduced to 36 hours, or 24 if the driver
is away from base. Compensation for the reduced rest must be taken in one
continuous period before the end of the third week following the week when
the reduced rest was taken.

Drivers Hours
GB Domestic Rules
The GB domestic rules, as contained in the Transport Act 1968, apply to most goods vehicles that
are exempt from the EU rules. Separate rules apply to Northern Ireland.

Domestic Rules Exemptions.
The following groups are exempt from the domestic hours rules.

Drivers of vehicles used by the armed forces

Drivers of vehicles used by the police

Drivers of vehicles used by fire brigade

Drivers Hours
GB Domestic Rules


Drivers who always drive OFF the public road system.

For example a driver
who only works on site.

On site means you do do not
drive on a public road.

If you do go on to the public
road you will then come
under drivers hours rules.

Drivers Hours
GB Domestic Rules


Private Driving not in connection with a job or to earn a living.

For example a driver who
moves their own horse’s do
not come into these
regulations.
A person who does not drive a
vehicle for a living. Lets say
you hired a vehicle to help
your mother in law move
house.

Drivers Hours
GB Domestic Rules
The GB domestic rules, as contained in the Transport Act 1968, apply to most goods vehicles that are
exempt from the EU rules. Separate rules apply to Northern Ireland.

DOMESTIC DRIVING LIMITS

Driving is defined as being at the controls of a vehicle for the purpose of
controlling its movement.
Whether it is moving or stationary with the engine running, even for a short
period of time.

(Day)
The day is the 24 hour period beginning with the start of duty time.

Drivers Hours
GB Domestic Rules

DAILY DUTY
A DRIVER IS ANY PERSON WHO DRIVES
THE VEHICLE, EVEN FOR A SHORT
PERIOD, OR WHO IS CARRIED IN THE
VEHICLE IN ORDER TO BE AVAILABLE
FOR DRIVING.

In any working day the maximum
amount of duty permitted is 11 hours.
A driver is exempt from the daily duty
limit (11 hours) on any working day
when he does not drive.

A driver who does not drive for more
than 4 hours on each day of the week
is exempt from the daily duty limit.

Drivers Hours
GB Domestic Rules

DUTY
In the case of an employee driver, this means being on duty (whether driving or
otherwise) for anyone who employs him as a driver.
This includes all periods of work and driving, but does not include rest or breaks.
Employers should also remember that they have additional obligations to
ensure that drivers receive adequate rest under health and safety legislation.
For owner drivers, this means driving a vehicle connected with their business, or doing
any other work connected with the vehicle and its load.

Drivers of certain vehicles are exempt from the duty but not the driving limit, namely –
goods vehicles, including dual purpose vehicles, not exceeding a maximum permitted
gross weight of 3.5 tonnes, when used:
By Doctors – Dentists – Nurses – Midwifes or Vets.
For any service of inspection – Cleaning – Maintenance – Repair – Installation – Fitting.
By commercial travellers.
By the AA or RAC
For cinematography or by radio or television broadcasting.

Drivers Hours
GB Domestic Rules

Record Keeping
You must keep written records of your hours of work on a weekly record sheet. Operators
are expected to check and sign each weekly record sheet.

Alternatively, an EU-approved and sealed tachograph may be used to record a driver’s
activities while he is subject to domestic drivers’ hours rules.

Exemptions From Keeping Records
Some groups are exempt from requirements to keep records under domestic rules on
drivers hours.
When recording in this manner, and where domestic records are legally required (see
flowchart below)

Drivers Hours
GB Domestic Rules
RECORD KEEPING

Start► Does the driver drive a vehicle that is in the scope of operating licensing on that
day?
YES

NO Does the driver drive for more than 4 hours on this day?

NO

Does the driver drive outside a
50 km radius of the vehicles YES
operating centre on this day?

NO

No records are required by law for that day. Records are required by law for that day.
Optional records may be used for Drivers must use log books or tachogaph
management purposes. records

Drivers Hours
GB Domestic Rules

RECORD KEEPING

This exemption does not apply to drivers of Crown vehicles that would have
needed an Operators licence if the vehicle had not been Crown property. If this
is the case, answer ‘yes’ to this question in the flowchart.

Any off-road driving carried out for the purpose of agriculture, quarrying,
forestry, building work, civil engineering or road maintenance does not count
towards this total.

REMEMBER IF YOU ARE NOT SURE ASK
YOUR MANAGER OR SUPERVISOR

Drivers Hours
GB Domestic Rules

EMERGENCIES
The GB domestic rules are relaxed in cases where immediate action is needed to avoid:
Danger to the life or health of people and animals.
Serious interruption of essential public services (gas, water, electricity or drainage), of
telecommunication or postal services, or in the use of roads, railways, ports or airports; or
Serious damage to property.

Drivers Hours
GB Domestic Rules

Records for vehicles carrying postal articles.
Tachographs must be fitted and
used on all vehicles with a
permissible maximum weight in
excess of 3.5 tonnes that carry
parcels and letters on postal
services. Drivers of such
vehicles may be exempt from the
EU rules on drivers’ hours (see
EU rules exemptions) but, if so,
must still comply with the UK
domestic rules.

Drivers Hours
GB Domestic Rules
Travelling abroad
The GB domestic rules apply only in GB, but
you must observe the national rules of the
countries in which you travel. The embassies
of these countries will be able to assist in
establishing the rules that might apply.

German national rules require drivers of goods
vehicles between 2.8 and 3.5 tonnes to record
details of their journeys in an AETR-style log
book.

This means that UK drivers have to use the log
book when they set out and while driving
through the countries on journeys to or
through Germany.

Drivers Hours
GB Domestic Rules
Mixed Vehicle Types.

The GB domestic rules, as contained in the Transport Act
1968, apply to most goods vehicles that are exempt from
the EU rules. Separate rules apply to Northern Ireland.

Working Time Regulations.

Drivers who are subject to the UK domestic rules on drivers’
hours are affected by four provisions under the UK’s Working
Time Regulations 1998 (as amended).

This will be covered later.

Drivers Hours
Mixed EU/AETR and GB domestic driving.
Many drivers spend some of their time driving under one set of rules and
some under another set, perhaps even on the same day. If you work partly
under EU rules and partly under GB domestic rules during a day or a week,
the following points must be considered:

The time you spend driving under EU rules cannot count as an off-duty
period under GB domestic rules.

Driving and other duty under GB domestic rules (including non-driving work
in another employment) count as attendance at work but not as a break or
rest period under the EU rules.

Driving under EU rules counts towards the driving and duty limits under GB
domestic rules.

Any driving under EU rules in a week means that you must take a daily rest
period on those days when you actually drive under EU rules, as well as a
weekly rest period.

Drivers Hours
Mixed EU and GB domestic driving
Driving limits.
GB domestic limit (a maximum of 10 hours of driving a day)
must always be obeyed. But at any time when you are actually
driving under the EU rules you must obey all the rules on EU
driving limits.

Other duty limits.
GB domestic limit (i.e. no more than 11 hours on duty) must
always be obeyed. But when working under EU rules you must
also obey all the rules on breaks, daily rest (only on those days
when actually driving) and weekly rest.

REMEMBER DON’T TAKE CHANCES ITS NOT WORTH IT

Drivers Hours
Rest periods and breaks.
Again, you must always obey the EU rules on rest periods and breaks on
days and weeks in which driving in scope of EU rules is carried out.

A weekly rest period is not required in a fixed week where a driver does not
drive under EU rules.

Where a driver works under EU rules in one week and under GB domestic
rules in the following week, the driver may take either a regular or a reduced
weekly rest in the first week.

If the driver takes a reduced weekly rest, compensation will be required by
the end of the third week following the week in question. If this working
pattern continues, the driver may take either a regular or reduced weekly rest
period every other week.

Where a driver works under GB domestic rules in week one and the EU rules
in the second week, the weekly rest required in week two must start no later
than 144 hours following the commencement of duty on or after 00.00 hours
on Monday.

Drivers Hours
Records
During a week in which the in-scope driving has
taken place, any previous work (including out-of-
scope driving since the last weekly rest period), would
have to be recorded as “other work” on a tachograph
chart, printout or a manual entry using the manual
input facility of a digital tachograph, or a legally
required GB domestic record on a log book

When driving a vehicle subject to EU or AETR rules, a driver is
required to produce on request tachograph records (including
other work records described above) for the current day and
the previous 28 calendar days.

Drivers Hours
Tachograph rules.

An approved tachograph is the required instrument by which
the activities of drivers subject to the EU or AETR drivers’ hours
rules and the vehicle’s speed, distance and time are recorded.

There are two main types of tachograph – analogue and digital.

The only exception is when driving a vehicle engaged in the
collecting of sea coal.

In this one case you are subject to the EU rules on drivers’
hours but do not need a tachograph.

Drivers Hours
Tachograph rules.

The resulting record is to be used to monitor compliance with
rules on drivers’ hours.

The rules on using the tachograph are contained in
Regulation (EC) 3821/85 (as amended), and these depend
on whether the vehicle is fitted with an analogue or digital
tachograph.

These rules must be observed by both drivers and operators
of vehicles that fall within the scope of Regulation (EC)
561/2006 or the AETR rules.

Drivers Hours
Tachograph rules.

Out of scope?

The driver of a vehicle that is exempt
from or out of scope of the EU rules
is not required to use the recording
equipment, even if it is fitted, unless
the vehicle is operated by a
universal service provider (USP).

At the time of publication, the only
USP is the Royal Mail.

Drivers Hours
Analogue tachograph recordings are Analogue
made by a stylus cutting traces into Tachographs
a wax-coated chart. Three separate
styluses mark recordings of speed,
distance travelled and the driver’s
activity (known as the ‘mode’).

The inner part is used by the driver
to write details of his name, location
of start of journey, end location, date
and odometer readings.
The reverse of a tachograph chart normally contains an
area for recording manual entries and details of other
vehicles driven during the period covered.

Drivers Hours
Charts and Records

The Following Slides Details
Some Do’s and Dont’s

Drivers Hours Charts and Records
Drivers are responsible for correctly operating the instrument
in order to accurately and fully record their activities.
Specifically, drivers must:

Verify, before using an instrument, that it is correctly calibrated
via the attached plaques and ensure that the time displayed is
set to the official time of the country in which the vehicle is
registered.

Carry enough charts for the whole journey, including spare
charts in case any become damaged or dirty.

Use a second chart if a chart is damaged while in use and
attach this one to the first chart on completion.

There are other occasions when use of a second chart in a 24-hour
period is unavoidable, namely when a driver changes to a vehicle
with an incompatible tachograph to the chart in use, or he changes
vehicle so many times that all the details cannot be accommodated
on one chart.

Ensure that the correct type of chart is being used for the specific
model of tachograph in use and that enough spare charts are
carried.

Not use the charts to cover longer than 24 hours.
Enter centre-field details at the first use of the chart, when changing
vehicles and when completing the use of the chart.

Correctly operate the mode switch in order to accurately record their
activities.

Make manual entries on the chart in respect of their activities away
from the vehicle where the rules have been exceeded in an
emergency, or to correct a recording.

Make manual entries when the equipment malfunctions and report
any such malfunctions to the operator or employer.

Return used charts to the operator within 42 days.

This requirement must be complied with even when a driver changes
employer.

Permit an Authorised Examiner or police officer to examine the
tachograph instrument.

Not remove the chart from the instrument before the end of
their duty period unless authorised to do so. The rules are not
specific on who can authorise removal of the chart, but cases
where charts can be removed include:

A change of vehicle;
To make manual entries in the event of an emergency.
Equipment malfunction etc.
Be able to produce at the roadside (charts and any
legally required manual records) for the current day and
the previous 28 calendar days.
The driver’s digital smart card if they hold one.

Drivers Hours
Time Tips

Make sure the time is correct for am or pm
both times are displayed identically on an
analogue tachograph’s 12-hour clock face.

Analogue tachographs must continue
to display the correct time – which for
the UK includes adjustments for
British Summer Time.

Drivers Hours
It is not acceptable for written entries to
extend outside the centre-field area if they
might interfere with chart recordings.

If, for example, the driver’s name or a
place name is so long it must be
abbreviated in order to avoid any possible
interference with the recordings, the full
name should be noted on the reverse of
the chart.

Tachograph charts are required to
provide space on their reverse side to
record the additional information required
in connection with changes of vehicles.

Drivers Hours
Manual Entries

Drivers must produce a record of their whole daily working
period.

So when drivers are unable to operate the instrument, have not
been allocated a vehicle, or are working away from the vehicle
and have had to remove their tachograph chart, they must
manually record their activities on the chart.

Manual entries may also be needed at other times – for
example, if the tachograph develops a fault, or in the event of
an emergency .

Employers may also ask drivers to indicate on a chart where
their duty (or rest) begins and ends, so that they can ensure
that a full record has been submitted

Drivers Hours
Manual Entries
Most analogue charts have a specified place to make manual entries (usually
on the reverse).

However, manual entries can be made anywhere on the chart provided that
they are clear and do not obliterate other recordings.

The following are examples of manual records.

This is an example of manual entries made
on the rear of a tachograph chart of a
driver who started his day at 06.00 with an
hour’s work doing other duties away from
his vehicle. He also finished his day with
an hour of other work away from his
vehicle and has indicated both the end and
the start of a daily rest period. His
activities while with the vehicle are
recorded by the instrument on the other
side of the chart once it has been inserted.
SECTION 5: Tachograph rules .

Drivers Hours
Manual Entries

This is an example of the
manual entries that could
be made by a driver who
changed vehicles at 12.00
in London and continued
his duties before finishing
in Bristol.

All the details of his
activities and his name are
listed on the other side of
the chart.

Drivers Hours
Manual Entries
This is an example of the
manual entries that could have
been made by a driver who
discovered a tachograph fault at
12.00.

He uses the pre-printed matrix
to indicate his activities for the
remainder of his duty until
18.30. He has also noted the
reason for his keeping a manual
record.

All other details are provided on
the other side of the chart.

Drivers Hours
Digital tachographs
Digital tachographs work by storing digital data on the driver and vehicle
in their own memory and separately on a driver’s smart card. Transport
undertakings must periodically download this data from the digital
tachograph (known as the Vehicle Unit or VU) and from driver cards and
analyse the information to ensure that the rules have been complied
with.
Drivers card and records
It is a legal requirement for a digital tachograph-equipped vehicle driven
in scope of EU rules that the driver must use a driver card.
If the vehicle is used without a card being inserted, the system will not
prevent the vehicle from being driven, but the VU will record the fact that
the vehicle has been used without a card.

Drivers may only be in possession of one driver’s smart card, and must
never use anyone else’s card or allow another driver to use their card.

Drivers Hours

The End

Working time regulations

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